Flagpoles for businesses in Austria: company flags, advertising and duties

Flagpoles are part of the scene outside car dealers, hotels, cable cars, DIY stores and headquarters. For businesses, more questions come on top of those every pole owner has: is the company flag an advertising installation? What applies along roads? May the federal coat of arms go on the flag? And which flag goes on which pole?

The company flag as an advertising installation

A flag with a company logo is often more than a flag in legal terms: it can count as an advertising installation. The federal states regulate this differently:

• Vorarlberg: erecting or substantially changing advertisements and advertising installations within built-up areas needs a building permit under section 18(2) of the Building Act.
• Salzburg: under section 2(1)(3) of the Building Police Act, changes to buildings above ground that substantially affect their external appearance need a permit, in particular putting up advertising installations. In Salzburg’s old town, section 14a of the Old Town Preservation Ordinance expressly names flags among advertisements on buildings.
• Graz: under section 7(3)(1) of the Graz Old Town Preservation Act 2008, advertising installations such as flags on protected buildings need a permit.

Even where the building code excludes flagpoles, an advertising flag can therefore be subject to other rules. The overview of all nine building codes is in the guide to flagpole installation.

Advertising along roads

The Road Traffic Regulations (StVO) set limits that apply regardless of building law:

• Outside built-up areas, advertising along roads within 100 metres of the edge of the carriageway is prohibited under section 84(2) StVO. Under subsection 3, the authority grants exceptions if the advertising serves an urgent need of road users, is of considerable interest to them or is to be put up on building land, and no impairment of road safety is to be expected. Without a permit, the authority has it removed at the possessor’s expense.
• On the road itself – including the airspace above it insofar as it matters for road safety – using it for purposes other than traffic, expressly including advertising, needs a permit under section 82(1) StVO. This concerns, for example, poles on the pavement or flags projecting over it.

Federal coat of arms and service flag

Anyone may use the plain red-white-red flag, including a business. The federal coat of arms is different: under section 68 of the Trade Act, the Minister of Economic Affairs can grant a company entered in the commercial register that has rendered outstanding services to the Austrian economy and holds a leading position the award of using the federal coat of arms in business. Commercial businesses without this award may not use the federal coat of arms in business. The federal service flag with the coat of arms is reserved by the Coat of Arms Act for federal bodies and authorities; its unauthorised use is an administrative offence.

Which flag goes on which pole

Many businesses show several flags: Austria, the federal state, Europe, guest countries and their own logo. The flag guide of the State of Styria ranks them as follows: first states (host country in the place of honour, the others alphabetically by their German names), then federal states, then communities of states such as the EU, then municipalities and finally clubs and others – where company flags can be placed. Under the Austrian Armed Forces’ flag order, the poles of a group are the same height, each with one flag. More in the guides to flag protocol and foreign flags in Austria.

Lighting and night

Company flags often fly permanently. The Armed Forces’ flag order provides that service flags staying up overnight are lit. For companies this is not binding, but an illuminated advertising flag falls under the same advertising and road rules as by day. More in the guide to flag lighting.

Liability and checks

For a pole outside a business, the liability for works under section 1319 ABGB applies: the possessor is liable for damage caused by collapse or detached parts if the event results from a defective condition and the possessor does not prove that all care needed to avert the danger was taken. With poles at car parks, entrances and footpaths, many people are within the possible fall zone. Work on the pole by a company’s own staff is work at height. More in the guide to flagpole safety.